BILL REQ. #:  S-3520.1 

Read first time 01/14/10.   Referred to Committee on Environment, Water & Energy.

     AN ACT Relating to express legislative authorization for any greenhouse gas or motor vehicle fuel economy program; adding new sections to chapter 70.235 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   It is the intent of the legislature that any state or regional program to implement a cap and trade system or any other program to address greenhouse gas emissions or motor vehicle fuel economy that has been or may be proposed by a state agency requires express legislative authorization following a comprehensive assessment of the state fiscal and other economic, consumer, and small business impacts of the program.

NEW SECTION.  Sec. 2   A new section is added to chapter 70.235 RCW to read as follows:
     (1) Neither the department nor any other state agency may adopt or enforce a state or regional program to regulate the emission of greenhouse gas or motor vehicle fuel economy without express legislative authorization that is enacted after the effective date of this section.
     (2) For the purposes of this section, "greenhouse gas" means carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, hydrofluorocarbon, or perfluorocarbon.

NEW SECTION.  Sec. 3   A new section is added to chapter 70.235 RCW to read as follows:
     (1) The director shall provide a written report to the governor, the president of the senate, and the speaker of the house of representatives on each proposed program to address greenhouse gas emissions or motor vehicle fuel economy, including any program that is the subject of a pending or previous rule-making proceeding within three months of either the effective date of this section or the release of recommendations by the participants in the western climate initiative for a regional cap and trade or other program to regulate greenhouse gas emissions or motor vehicle fuel economy.
     (2) The report must include a description of the proposed program, a comprehensive analysis of the fiscal impact to the state and the economic, consumer, and small business impacts of the proposed program, and the legislation required to authorize the proposed program.